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UNCLAS SECTION 01 OF 25 OTTAWA 000151 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR G/TIP (B. FLECK), G (A.C. BLANK), INL, 
DRL, PRM, WHA/PPC 
 
E.O. 12958: N/A 
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN
KFRD, KTIP, CA 
SUBJECT: CANADA?S TIP REPORT SUBMISSION 
 
REF: STATE 132759 
 
¶1. (SBU) OVERVIEW OF CANADA'S TIP SITUATION 
 
¶A.  The Government of Canada collects trafficking in 
persons (TIP) information through a number of 
sources, including police and court-reported data 
and reported case law.  The 2008 Annual Criminal 
Intelligence Service Canada Report on Organized 
Crime is available on-line and provides a general 
assessment of trafficking in persons.  The 
Department of Citizenship and Immigration (CIC) 
collects data on the issuance of temporary resident 
permits to foreign nationals who are suspected of 
trafficking.  The government is currently studying 
the feasibility of a national data collection 
framework.  The Royal Canadian Mounted Police (RCMP) 
National Missing Children Services has begun a 
national probe to determine the scope of domestic 
trafficking as it relates to children and youth.  In 
addition, the RCMP?s Human Trafficking National 
Coordination Center has begun working on a national 
threat assessment focusing on international trends 
to assess the extent of trafficking into Canada.  In 
2006, Canada and the USG jointly prepared a U.S.- 
Canada Bi-National Assessment of Trafficking in 
Persons. 
 
¶B. Canada is principally a transit and destination 
country for trafficking in persons, but is also a 
source country for domestic victims of trafficking. 
NGOs estimate that approximately 2,000 people are 
subject to trafficking into Canada each year.  In 
2004, the RCMP had estimated that approximately 600- 
800 persons were trafficked into Canada annually and 
that an additional 1,500 to 2,200 persons were 
trafficked through Canada into the United States. 
 
According to the government, the majority of 
trafficking cases encountered within Canada involve 
Canadian nationals who are trafficked wholly within 
Canada.  Most organized crime groups have the 
capacity to move multiple victims simultaneously, 
typically inter-provincially. 
 
According to the government, victims of trafficking 
to or through Canada come primarily from Asia -- in 
particular China, the Philippines, Thailand, 
Cambodia, Malaysia, Vietnam -- as well as parts of 
Africa, Eastern Europe, and Russia.  Victims 
trafficked to Canada end up mostly to Vancouver, 
Toronto, and Montreal.  (A member of South Korea's 
national police force is posted to the South Korean 
consulate in Vancouver in part to assist with 
trafficking matters.)  Canadian intelligence 
indicated, and Canadian law enforcement findings 
supported, that trafficked persons in Canada are 
predominantly forced to work in the sex trade.  A 
study by the Criminal Intelligence Service Canada 
(CISC) confirmed that a link exists between 
organized crime networks and trafficking for sexual 
exploitation in Canada.  Canada is also to a lesser 
extent a labor trafficking destination, with ongoing 
investigations into several cases of labor 
exploitation. 
 
¶C.  Reported case law confirmed that victims face 
sexually exploitation within Canada in various 
venues.  Trafficking victims often receive promises 
Qvenues.  Trafficking victims often receive promises 
of well paying jobs as caregivers, waitresses, 
models, or other legal occupations.  The use of 
threats or other forms of coercion sometimes compels 
 
OTTAWA 00000151  002 OF 025 
 
 
victims to perform services.  According to NGOs and 
victim assistance organizations, labor trafficking 
victims often enter Canada legally with a valid work 
permit.  In many cases, the victims, especially from 
Asia, paid "recruiting agencies" in their home 
countries to arrange agricultural jobs in Canada. 
Once in Canada, "agents" then inform them they are 
in Canada illegally and threaten to have them 
deported if they try to escape. 
 
¶D.  Reported case law also indicated that those at 
greatest risk of becoming victims of trafficking are 
likely to be those who face the greatest social, 
economic, and legal inequality.  Although Canada is 
not a significant country of origin for victims, 
Canadian nationals are trafficked domestically.  A 
report from the Standing Committee on the Status of 
Women cited testimony that aboriginal females are at 
the greatest risk of becoming victims of 
trafficking. 
 
Governmental efforts to enhance border integrity and 
security have helped limit the number of irregular 
migrants entering Canada.  The number of improperly 
documented arrivals (IDAs) at Canada's airports was 
at its lowest since the collection of these 
statistics began in 1989. 
 
¶E. As the 2006 U.S.-Canada Bi-National Threat 
Assessment highlighted, traffickers tended to be 
members of larger criminal organizations, members of 
small criminal groups, or individual criminals. 
Organized crime groups are involved in transnational 
trafficking to varying degrees.  This can range from 
involvement in a specific phase of the TIP cycle 
(e.g. transport) to the facilitation of entire 
operations, including coordinating exploitation in 
the commercial sex trade. 
 
Trafficking victims enter Canada through both legal 
and illegal means.  Some enter with genuine 
passports, entry documents, and/or work visas. 
Others use falsified or altered entry documents, 
such as photo substitutions, or gain entry as 
impostors.  Fraudulent offers of employment 
sometimes support applications to obtain visas and 
convince border and consular officials that victims 
intend to return to their countries of origin. 
Traffickers sometimes also bring victims into Canada 
utilizing established smuggling routes and methods. 
 
According to the 2008 Annual Criminal Intelligence 
Service Canada Report on Organized Crime, a small 
number of organized crime groups, mostly based in 
British Columbia and Quebec, are involved in the 
facilitation of international human trafficking. 
Several gangs are active in domestic trafficking for 
sexual exploitation by facilitating the recruitment, 
control, movement, and exploitation of Canadian-born 
females in the domestic sex trade, primarily in 
strip bars in several cities across the country. 
 
¶2. (SBU) THE GOVERNMENT?S ANTI-TIP EFFORTS 
 
¶A. The Canadian government recognizes the serious 
nature of human trafficking, and is committed to 
combating human trafficking at home and abroad, 
working with domestic and international partners. 
 
¶B. The Interdepartmental Working Group on 
QB. The Interdepartmental Working Group on 
Trafficking in Persons (IWGTIP) coordinates all 
federal anti-trafficking efforts, bringing together 
 
OTTAWA 00000151  003 OF 025 
 
 
seventeen federal departments and agencies.  Working 
group chairs rotate, with senior officials from the 
Departments of Justice and of Public Safety as the 
current co-chairs.  The IWGTIP also includes the 
Canada Border Services Agency (CBSA), the Department 
of Canadian Heritage, the Canadian International 
Development Agency (CIDA), Criminal Intelligence 
Service Canada (CISC), the Department of Citizenship 
and Immigration  (CIC), the Department of National 
Defence (DND), the Department of Foreign Affairs and 
International Trade (DFAIT), the Department of 
Health, the Department of Human Resources and Social 
Development, the Department of Indian and Northern 
Affairs, the Passport Agency,   the Public 
Prosecution Service, the Royal Canadian Mounted 
Police (RCMP), the Statistics Bureau, and the Status 
of Women agency. 
 
 ¶C. There are no systemic limitations on the 
Canadian government's ability to address TIP, apart 
from jurisdictional issues between the federal and 
provincial/territorial levels.  There is no evidence 
of corruption by Canadian authorities in trafficking 
matters.   The Canadian government would investigate 
and prosecute any allegations of corruption in 
accordance with Canadian law.  Canada ratified the 
UN Convention against Corruption in October 2007. 
IWGTIP coordinates Canada's federal anti-trafficking 
efforts. 
 
Due to Canada's immigration laws, many labor 
trafficking victims enter Canada legally, making it 
difficult to identify and investigate these cases. 
NGOs have called for the government to commit 
additional resources to fight labor trafficking and 
investigate employers suspected of exploitation. 
 
¶D. The IWGTIP coordinates and monitors federal anti- 
trafficking efforts.  The Minister of Citizenship, 
Immigration, and Multiculturalism?s annual report to 
Parliament on immigration policy includes data on 
the number of temporary resident permits issued to 
victims of human trafficking.  Canada shares its 
best practices and makes available its assessments 
in a range of international fora, including the OAS, 
OSCE, UN, G8, the Bali Process, and the Regional 
Conference on Migration (RCM).  As an RCM member, 
Canada participates in its Liaison Officer Network 
to Combat Trafficking In Persons and Migrant 
Smuggling, which meets twice a year.  Canada made 
several presentations related to trafficking at RCM 
meetings in 2007 and 2008, and provides an annual 
update to the RCM?s ?Comparative Matrix of 
Legislation Against Trafficking In Persons and 
Smuggling of Migrants in RCM Member Countries.? 
 
Canada played an active role at the Conference of 
the Parties to the United Nations Convention Against 
Transnational Organized Crime held in Vienna October 
8-17, 2008.  Canada participated in a technical 
meeting on a resolution to establish an open-ended 
interim working group to advise and assist the 
Conference in implementing its mandate with regards 
to the Trafficking In Persons protocol.  Canada also 
shared best practices in identifying fraudulent 
Qshared best practices in identifying fraudulent 
documents. 
 
The Department of Public Safety has funded a study 
by the Statistics Bureau on the feasibility of 
establishing a national TIP statistics data 
collection framework, including consultations with 
key stakeholders. The study is ongoing, so the 
 
OTTAWA 00000151  004 OF 025 
 
 
outcome is not yet available. 
 
¶3. (SBU) INVESTIGATION AND PROSECUTION OF 
TRAFFICKERS 
 
¶A. Canada's criminal laws prohibit trafficking in 
persons regardless of whether the trafficking occurs 
wholly within Canada or whether it involves bringing 
victims into Canada for the purpose of exploitation. 
Criminal laws apply across Canada and provide a 
uniform approach to addressing trafficking in 
persons and related conduct. 
 
There have been no legislative changes to Canada?s 
laws against trafficking during the reporting 
period.  The Criminal Code of Canada contains three 
specific indictable offenses to combat trafficking 
in persons: 
 
Section 279.01 - (1) Every person who recruits, 
transports, transfers, receives, holds, conceals or 
harbors a person, or exercises control, direction or 
influence over the movements of a person, for the 
purpose of exploiting them or facilitating their 
exploitation is guilty of an indictable offense and 
liable (a) to imprisonment for life if they kidnap, 
commit an aggravated assault or aggravated sexual 
assault against, or cause death to, the victim 
during the commission of the offense; or (b) to 
imprisonment for a term of not more than fourteen 
years in any other case.  (2) No consent to the 
activity that forms the subject-matter of a charge 
under subsection (1) is valid. 
 
Section 279.02 - Every person who receives a 
financial or other material benefit, knowing that it 
results from the commission of an offense under 
subsection 279.01(1), is guilty of an indictable 
offense and liable to imprisonment for a term of not 
more than ten years. 
 
Section 279.03 - Every person who, for the purpose 
of committing or facilitating an offense under 
subsection 279.01(1), conceals, removes, withholds 
or destroys any travel document that belongs to 
another person or any document that establishes or 
purports to establish another person's identity or 
immigration status is guilty of an indictable 
offense and liable to imprisonment for a term of not 
more than five years, whether or not the document is 
of Canadian origin or is authentic. 
 
Section 279.04 clarifies that for the purposes of 
sections 279.01 to 279.03, a person exploits another 
person if they (a) cause them to provide, or offer 
to provide, labor or a service by engaging in 
conduct that, in all the circumstances, could 
reasonably be expected to cause the other person to 
believe that their safety or the safety of a person 
known to them would be threatened if they failed to 
provide, or offer to provide, the labor or service; 
or (b) cause them, by means of deception of the use 
of threat of force or of any other form of coercion, 
to have an organ or tissue removed. 
 
These specific TIP offenses were enacted in 2005 
through Bill C-49, ?An Act to Amend the Criminal 
Code, (trafficking in persons),? and supplemented 
previously existing Criminal Code offenses that are 
applicable to trafficking in persons cases, 
including kidnapping, forcible confinement, uttering 
Qincluding kidnapping, forcible confinement, uttering 
threats, extortion, sexual assault, prostitution- 
 
OTTAWA 00000151  005 OF 025 
 
 
related offenses, and criminal organization 
offenses. 
 
The Immigration and Refugee Protection Act (IRPA), 
which came into force in June 2002, also included a 
human trafficking offense (Section 118) that applies 
to cases involving trans-border trafficking, as well 
as offenses that are applicable to trafficking.  The 
trafficking-related IRPA citations read: 
 
Section 117 - (1) No person shall knowingly 
organize, induce, aid or abet the coming into Canada 
of one or more persons who are not in possession of 
a visa, passport, or other document required by this 
Act.  (2) A person who contravenes subsection (1) 
with respect to fewer than 10 persons is guilty of 
an offense and liable (a) on conviction on 
indictment (i) for a first offense, to a fine of not 
more than C$500,000 (approximately US$471,698) or to 
a term of imprisonment of not more than 10 years, or 
to both, or (ii) for a subsequent offense, to a fine 
of not more than C$1,000,000 (US$943,396) or to a 
term of imprisonment of not more than 14 years, or 
to both; and (b) on summary conviction, to a fine of 
not more than C$100,000 (US$94,340) or to a term of 
imprisonment of not more than two years, or to both. 
(3) A person who contravenes subsection (1) with 
respect to a group of 10 persons or more is guilty 
of an offense and liable on conviction by way of 
indictment to a fine of not more than C$1,000,000 
(US$943,396) or to life imprisonment, or to both. 
(4) No proceedings for an offense under this section 
may be instituted except by or with the consent of 
the Attorney General of Canada. 
 
Section 118 - (1) No person shall knowingly organize 
the coming into Canada of one or more persons by 
means of abduction, fraud, deception or use of 
threat of force or coercion. (2) For the purpose of 
subsection (1), "organize", with respect to persons, 
includes their recruitment of transportation and, 
after their entry into Canada, the receipt or 
harboring of those persons. 
 
Section 119 - A person shall not disembark a person 
or group of persons at sea for the purpose of 
inducing, aiding or abetting them to come into 
Canada in contravention of this Act. 
 
Section 120 - A person who contravenes section 118 
or 119 is guilty of an offense and liable on 
conviction by way of indictment to a fine of not 
more than C$1,000,000 (US$943,396) or to life 
imprisonment, or to both. 
 
Section 121 - (1) The court, in determining the 
penalty to be imposed under subsection 117(2) or (3) 
or section 120, shall take into account whether (a) 
bodily harm or death occurred during the commission 
of the offense; (b) the commission of the offense 
was for the benefit of, at the direction of or in 
association with a criminal organization; (c) the 
commission of the offense was for profit, whether of 
not any profit was realized; and (d) a person was 
subjected to humiliating or degrading treatment, 
including with respect to work or health conditions 
or sexual exploitation as a result of the commission 
of the offense.  (2) For the purposes of paragraph 
Qof the offense.  (2) For the purposes of paragraph 
(1)(b), "criminal organization" means an 
organization that is believed on reasonable grounds 
to be or to have been engaged in activity that is 
part of a pattern of criminal activity planned and 
 
OTTAWA 00000151  006 OF 025 
 
 
organized by a number of persons acting in concert 
in furtherance of the commission of an offense 
punishable under an Act of Parliament by way of 
indictment or in furtherance of the commission of an 
offense outside Canada that, if committed in Canada, 
would constitute such an offense. 
 
In addition, the Criminal Code contains numerous 
provisions targeting those who sexually exploit 
children or who seek to profit from such 
exploitation.  Section 212(2) prohibits living on 
the avails of the prostitution of a person under the 
age of 18, carrying a maximum punishment of 14 years 
and a mandatory minimum of 2 years.  Section 
212(2.1) is an aggravated offence prohibiting the 
procuring of a young person into prostitution for 
profit and the use of threats or violence, incurring 
a maximum punishment of 14 years and a mandatory 
minimum of 5 years.  Section 212(4) makes it an 
offense to obtain, or communicate for the purpose of 
obtaining, for consideration, the sexual services of 
a person who is under 18 years of age, with a 
maximum punishment of 5 years and a mandatory 
minimum of 6 months. 
 
¶B. Criminal Code Section 279.01 states that the 
maximum penalty for a person convicted of a 
trafficking in persons offense, including 
trafficking for the purpose of sexual exploitation, 
is life imprisonment where it involves kidnapping, 
aggravated assault, or sexual assault, or death and 
a maximum penalty of 14 years in all other cases. 
The maximum penalty for a trafficking in persons 
conviction under IRPA is life imprisonment and/or a 
fine not exceeding C$1,000,000 (US$943,396).  For 
information on penalties imposed during the 
reporting period, see Section 3 (E). 
 
¶C. The provisions outlined above apply equally to 
trafficking for the purposes of forced labor, with 
the same penalties. Canada's criminal laws can also 
apply to offenses that have taken place, in part, in 
another country, provided that a significant portion 
of the activities constituting the offense took 
place in Canada.  For information on penalties 
imposed during the reporting period, see Section 3 
(E). 
 
Provinces and territories have primary 
responsibility for enforcement of labor standards, 
which apply equally to temporary foreign workers and 
Canadian workers.  Some provinces have, or are 
developing, measures to regulate the activities of 
third party recruiters.  See Section 5 (A) for 
examples of recent provincial and territorial 
initiatives. 
 
¶D. The penalties for sexual assault offenses are:  a 
maximum of 10 years for sexual assault; a maximum of 
14 years imprisonment with a mandatory minimum 
penalty of four years where a firearm is used for 
sexual assault with a weapon; and, a maximum of life 
imprisonment with a mandatory minimum penalty of 
four years where a firearm is used for aggravated 
sexual assault. 
 
The 2008 "Tackling Violent Crime Act" strengthened 
the Criminal Code?s Dangerous Offender provisions by 
giving the police, Crown prosecutors, and courts 
increased ability to manage the threat posed to the 
Qincreased ability to manage the threat posed to the 
general public by individuals at very high risk to 
re-offend sexually and violently.  These reforms 
 
OTTAWA 00000151  007 OF 025 
 
 
included providing more effective sentencing and 
monitoring to prevent dangerous, high-risk offenders 
from offending again and increasing the mandatory 
minimum penalties for serious offences involving the 
use of a firearm such as sexual and aggravated 
sexual assault as well as kidnapping. 
 
¶E. There were investigations, prosecutions, 
convictions, and sentences for human trafficking 
offenses during the reporting period.  The RCMP was 
involved in numerous trafficking in persons 
investigations during the reporting period, 
including in partnership with municipal police 
forces across Canada and, in some cases, with U.S. 
state or federal law enforcement agencies. 
The Statistics Bureau?s Canadian Center for Justice 
Statistics (CCJS) collects annual police-reported 
crime statistics through the Uniform Crime Reporting 
Survey (UCR2), as well as cases processed through 
the courts.  The UCR2 data includes the number of 
criminal incidents of TIP that were detected or 
recorded by police within a calendar year.  The most 
recent reporting period for these data sources is 
the 2007 calendar year; crime data from the CCJS is 
not yet available for the period from April 2008 to 
February 2009. 
The Adult Criminal Court Survey (ACCS) is a national 
database of statistical information on the number of 
appearances, charges, and cases in adult criminal 
courts. The survey is intended to be a census of 
federal statute charges heard in provincial and 
superior criminal courts in Canada. The data is 
collected by the CCJS in collaboration with 
provincial and territorial departments responsible 
for adult criminal courts. 
The government has noted that some municipal, 
territorial, and provincial investigations, 
prosecutions, and convictions of trafficking-related 
cases may not have been reported to the federal 
government.  The government recognizes that CCJS, 
UCR2, and ACCS statistics likely do not represent 
all trafficking cases in the criminal justice 
system.  This is due to a variety of factors, 
including the challenge of identifying data reported 
by the police and courts as ?trafficking? cases. 
For example, charges and/or convictions in human 
trafficking cases may be laid and/or prosecuted 
under trafficking-specific or other non-trafficking- 
specific offenses, such as kidnapping or aggravated 
sexual assault.  In addition, the number and type(s) 
of charges laid and reported by police may 
subsequently change (either at the pre-court stage 
or during the court process) by the time of 
conviction. 
However, the RCMP has confirmed some ongoing TIP 
cases and convictions.  The reporting period marked 
Canada?s first-ever convictions for TIP offenses 
under criminal code amendments passed in 2005, with 
three men pleading guilty.  All three cases involved 
domestic human trafficking for sexually exploitive 
purposes, involving both adult and child victims 
from Canada.  In all cases, time was served or is 
being served. 
 
In Regina (The Crown) v Nakpangi, the Ontario Court 
QIn Regina (The Crown) v Nakpangi, the Ontario Court 
of Justice sentenced a man to five years 
imprisonment (3 years for trafficking and 2 years 
for child prostitution, to be served consecutively) 
under Criminal Code sections 279.01 (trafficking in 
persons) and 212(2) (living on the avails of 
prostitution of a minor).  He is now serving his 
sentence. 
 
OTTAWA 00000151  008 OF 025 
 
 
 
In Regina v Leonard-St. Vil, the Ontario Court of 
Justice sentenced a man to three years imprisonment, 
plus three years probation, under Criminal Code 
sections 279.01 (trafficking in persons) and 212 
(living on the avails of prostitution).  He served 
his time and is now under probation. 
 
According to the Department of Justice, a third 
conviction took place in Quebec, where a man 
received prison sentences of two years under 
Criminal Code section 279.01 (trafficking in 
persons) and two years under section 212 
(procuring), to be served concurrently.  He is now 
serving his sentence. 
 
The Department of Justice has also confirmed that 12 
additional cases with 17 accused are currently 
before the courts involving human trafficking 
charges for sexually exploitative purposes under 
section 279.01 and/or section 279.03 of the Criminal 
Code.  These cases involved both adult and child 
victims.  Available information indicated that these 
victims originated from within Canada. 
 
In Regina v Ng, the first prosecution under IRPA 
Section 118, the British Columbia Court of Appeal 
increased Ng?s sentence by one year for 
prostitution-related offenses, following an appeal 
by the Attorney General.  He has served time. 
 
NGOs have commented that Canada should more 
proactively seek out instances of trafficking by 
investigating massage parlors and escort services 
and that Canada's "reactive" approach to trafficking 
was one reason for its lack of trafficking 
convictions. 
 
¶F. The RCMP provides law enforcement training on 
trafficking in persons bi-annually at its 
Immigration and Passport Investigators Course for 
its own staff and officials from other agencies and 
police forces.  The week-long training session 
includes a full day dedicated to trafficking in 
persons and includes in-depth informative training 
and discussion on relevant sections of the IRPA and 
the Criminal Code, as well as training on current 
investigative techniques and identification of 
potential victims. 
 
In addition, in 2008 the RCMP?s Human Trafficking 
National Coordination Center (HTNCC) organized a 
series of regional events involving an integrated 
training approach for front-line officers.  These 
week-long events consisted of presentations by the 
RCMP, Department of Justice, Status of Women agency, 
CBSA, CIC, and the Public Prosecution Service, along 
with presentations of TIP case studies from 
municipal police services across Canada.  Crown 
prosecutors and NGOs were also invited to 
participate in these workshops.  During the 
reporting period, sessions took place in St. John?s, 
Newfoundland and Labrador; Charlottetown, Prince 
Edward Island; Vancouver, British Columbia; Windsor, 
Niagara Falls, Hamilton, Ottawa, and Cornwall in 
Ontario;  Winnipeg, Manitoba; and Quebec City and 
St-Jean D?Iberville, Quebec.   In 2008, 
approximately 1200 law enforcement officers, border 
services officers, and prosecutors participated in 
these anti-TIP workshops. 
 
During various training courses, presenters provided 
QDuring various training courses, presenters provided 
 
OTTAWA 00000151  009 OF 025 
 
 
information on the temporary resident permit (TRP) 
available to foreign nation victims of trafficking. 
Presenters also provided participants with a 24-hour 
toll-free number should they need more information 
on the program during non-business hours. 
 
The HTNCC also provides TIP awareness to new RCMP 
recruits before they enter the field.  During the 
reporting period, HTNCC members delivered TIP 
awareness presentations to recruits at the RCMP 
National Academy in Regina, Saskatchewan, RCMP 
liaison officers during their annual workshop, law 
enforcement officers attending the Canadian Police 
College?s Organized Crime and CISC courses, and to 
all law enforcement officers who will take part in 
UN peacekeeping missions in Haiti and Ivory Coast. 
 
In addition to the TIP workshops, both the HTNCC 
and the RCMP?s human trafficking awareness 
coordinators (HTACs) organized TIP awareness 
sessions for approximately 3500 law enforcement 
officers, prosecutors, and government employees, as 
well as about 4,000 representatives from civil 
society. 
 
The RCMP has updated the existing TIP reference 
guide for Canadian law enforcement to include 
additional information about identification and 
protection of victims and tips for interviewing 
victims. Training for law enforcement officers 
includes sensitization to the special needs of 
victims prior to execution of operations, i.e. prior 
to a raid on a massage parlour where both victims 
and offenders may be onsite.  The RCMP has also 
developed step-by-step guidelines on how to treat 
victims. The RCMP, in conjunction with its federal 
partners, prepared an anti-TIP training video 
containing information about the identification and 
protection of victims for use by NGOs, law 
enforcement groups, and the public. The RCMP updated 
its training video to include information about 
domestic human trafficking cases as well as 
trafficking for forced labor.  In addition, the RCMP 
developed new anti-trafficking posters, pamphlets, a 
police officer handbook, and an investigator guide 
book and pocket card, which includes contact 
information on how to report cases to law 
enforcement through an anonymous toll-free hotline 
that is administered by the Canadian Crime Stoppers 
Association.  These materials are in the tool kits 
that were distributed to all local, provincial, and 
federal police services across Canada in early 2009. 
 
Immigration officers working both in Canada and 
abroad receive training on TIP, including how to 
recognize and interact with a potential TIP victim, 
referral services, and training on new immigration 
guidelines. The CIC is also developing an 
interactive computer-based training package for 
officers already in the field. This electronic 
training package is targeted at both CIC and CBSA 
officers who might encounter trafficking victims. 
 
CBSA Migration Integrity Officers (MIOs) receive 
extensive specialized training, including on the 
detection of migrant smuggling and trafficking in 
persons, and passport and document fraud, as well as 
Qpersons, and passport and document fraud, as well as 
on intelligence collection and reporting, 
identification of inadmissible persons, and threats 
to national security.  All CBSA Border Services 
Officers undergo TIP-awareness training during their 
13 week Port of Entry Recruit Training program at 
 
OTTAWA 00000151  010 OF 025 
 
 
the CBSA Learning Center in Rigaud, Quebec. 
 
CBSA has developed a manual for border services 
officers dealing with cases of human trafficking. 
The manual provides information on how officers can 
detect human trafficking, protect victims of 
trafficking by separating them from the control of 
the trafficker and referring them to appropriate 
government services, and support the investigation 
and prosecution of trafficking offenders. 
 
CBSA officers at Ports of Entry receive training on 
the special needs of children who may have been 
smuggled or trafficked through the ?Our Missing 
Children? program, which trains officers in 
identifying and assisting missing and abducted 
children, including sensitivity training and special 
procedures in the conduct of interview with 
children.  CIC has published guidelines on how to 
deal with vulnerable victims for use by both CIC and 
CBSA officers. 
 
In 2008, Department of Justice officials continued 
to work closely with the UN Office on Drugs and 
Crime (UNODC) on the development of an advanced 
training manual for law enforcement, prosecutors, 
and the judiciary, as well as model legislation 
addressing not only the criminal law requirements 
contained in the ?Trafficking Protocol,? but also 
measures to provide assistance and protection to 
trafficking victims.  In October 2008, Department of 
Justice officials participated in a UNODC experts? 
group meeting to develop a standardized set of tools 
to enable governmental and international 
organization experts to conduct a comprehensive 
assessment of a country?s criminal justice response 
to human trafficking. 
 
¶G. Canada cooperates fully with other governments in 
the investigation and prosecution of trafficking 
cases.  In addition to ratifying the Convention 
against Transnational Organized Crime and its 
protocols on migrant smuggling and TIP, Canada has 
bilateral and multilateral treaties dealing wholly 
or partially with mutual legal assistance.  Canada?s 
?Mutual Legal Assistance in Criminal Matters Act? 
enables Canadian authorities to respond to treaty 
requests to obtain search warrants, evidence 
gathering orders, and other warrants available under 
the Criminal Code on behalf of a requesting state 
assuming the legal and evidential basis for the 
order exists. 
 
During the reporting period, the Department of 
Justice again received one request for mutual legal 
assistance in relation to a trafficking case that is 
currently under investigation by another country. 
The RCMP continues to participate in a Canada/China 
working group on law enforcement, including 
trafficking in persons investigations between both 
countries. 
 
RCMP International Liaison Officers are stationed 
throughout the world, responsible for developing and 
maintaining liaison as well as exchanging 
information with foreign officials and international 
partners, often in source countries in Asia and 
Eastern Europe.  The RCMP and municipal police 
services are involved in several international 
Qservices are involved in several international 
trafficking in persons investigations. 
 
The RCMP is an active member of the Interpol Working 
 
OTTAWA 00000151  011 OF 025 
 
 
Group on Trafficking in Human Beings and has 
attended Working Group meetings in Lyon, Bucharest, 
and Asuncion.  In September 2008, the RCMP attended 
the 9th Working Group meeting held in Windhoek, 
Namibia, where the RCMP updated the group on new 
Canadian human trafficking initiatives.  The meeting 
also enabled intelligence gathering on new human 
trafficking trends and sharing of best practices for 
combating TIP. 
 
¶H. Canada cooperates with other countries to 
extradite individuals, including its own nationals, 
when trafficking offenses take place abroad. 
Canada's Extradition Act, along with various 
extradition agreements, provides the legal framework 
to extradite persons from Canada at the request of 
an extradition partner for the purposes of 
prosecuting that person, imposing a sentence, or 
enforcing a sentence on that person.  Generally, the 
offense for which the extradition is requested must 
be punishable by imprisonment of at least two years. 
 
¶I. There is no evidence of any government 
involvement in, or tolerance of, trafficking.  See 
Section 2 (C). 
 
¶J. There is no evidence of any government 
involvement in trafficking in persons.  See Sections 
2 (C) and 3 (J). 
 
¶K. The Criminal Code prohibits three classes of 
activities related to prostitution: keeping or being 
an inmate in a common bawdy-house (S.210); procuring 
or living on the avails of prostitution (S.212); 
and, communicating in a public place for the purpose 
of engaging in prostitution (S.231). 
 
All prostitution involving minors (under age 18) is 
illegal and subject to mandatory minimum sentences. 
Criminal Code subsection 212(2) imposes a maximum 
penalty of 14 years imprisonment for living on the 
avails of the prostitution of a person under 18 
years.  Subsection 212(2.1) imposes a mandatory 
minimum penalty of 5 years and a maximum of 14 years 
for living on the proceeds of the prostitution of a 
person under 18 through the use of 
force/intimidation/ coercion.  Subsection 212(4) 
prohibits obtaining for consideration the sexual 
services of a minor, or communicating with anyone 
for that purpose, and imposed a mandatory minimum 
penalty of 6 months and a maximum of 5 years 
imprisonment. 
 
¶L. There are no known cases of any Canadian Forces 
or officials abroad engaging in or facilitating 
trafficking in persons.  The government has pledged 
vigorously to investigate and, as appropriate, 
prosecute any officials suspected of such 
involvement under Canada's laws.  See also Section 2 
(F) for information on TIP training for peacekeepers 
in Haiti and Ivory Coast. 
 
The Department of National Defence is committed to 
comprehensive implementation of the NATO Policy on 
Combating Trafficking in Human Beings.  The Canadian 
military justice system has jurisdiction to address 
disciplinary issues involving Canadian Forces (CF) 
members who are participating in operations outside 
of Canada, even while members of the CF are involved 
in a UN or other international operation.  In 
particular, Part III of the ?National Defence Act? 
Qparticular, Part III of the ?National Defence Act? 
(NDA) (also known as the Code of Service Discipline 
 
OTTAWA 00000151  012 OF 025 
 
 
or CSD), details who is subject to the CSD, and 
liable to be charged and tried for an alleged 
service offence, whether the offence is committed in 
or outside Canada.  The NDA also defines the term 
?service offence? to include all offenses under the 
NDA, the Criminal Code, and any other Act of 
Parliament. 
 
In addition to dealing with service offences based 
on Canadian laws, disciplinary action under the CSD 
can also address an alleged act or omission 
committed by someone subject to the CSD while 
outside Canada when that act or omission is an 
offense under the law in the place where it occurs. 
 
¶M. Canada is a source country for sex tourists. 
According to NGOs and activists, anecdotal evidence 
suggests Canada may also be a destination country 
for sex tourists from the United States.  In 
February 2008, the Parliament acted to help protect 
children by passing the "Tackling Violent Crime 
Act," which raised the age of consent to sexual 
activity (non-commercial) from 14 to 16 years old. 
 
The Criminal Code allows Canada to prosecute 
Canadian citizens and permanent residents who 
sexually assault children abroad when the alleged 
criminal is not charged or convicted by the country 
in which the offense is alleged to have been 
committed.  An amendment to the Code in 1997 
permitted the prosecution of Canadian citizens or 
permanent residents who engage in prohibited sexual 
activity with children while abroad (subsection 
7(4.1)), including seeking/obtaining the sexual 
services of any person under 18 years.  This 
legislation stipulated that Canada could initiate 
prosecution only at the request of the country where 
the crime reportedly happened, as well as the 
consent of Canada's Attorney General, except in 
cases of child prostitution.  In 2002, Parliament 
passed "An Act to Amend the Criminal Code and to 
Amend Other Acts," which simplified the process of 
prosecuting Canadians who sexually assault children 
abroad by removing the requirement that the country 
in which the crime was committed must request the 
criminal be prosecuted in Canada. 
 
To date, there have been three Canadians convicted 
under laws against child sex tourism committed 
abroad.  In November 2008, Armand Huard and Denis 
Rochefort (who had been charged in February 2008) 
pled guilty, with Huard sentenced to 3 years 
imprisonment for sexually abusing young orphans in 
Haiti, and Rochefort sentenced to 2 years 
imprisonment and 3 years probation.   In 2005 in 
Regina v. Bakker, a Vancouver hotel worker pled 
guilty to acts of sexual aggression (seven of which 
were against a minor in Asia), and received a 10 
year prison sentence.  Other cases remain before 
the courts.  From 1997 to September 2007, there 
were at least 110 cases involving Canadians charged 
with or prosecuted by destination countries for 
engaging in child molestation. 
 
Despite Canada?s efforts in this regard, NGOs and 
experts have claimed that, since Canada has the 
necessary laws on the books, it should enforce these 
Qnecessary laws on the books, it should enforce these 
laws more actively.  Specifically, they have 
recommended that Canada station RCMP officers abroad 
dedicated solely to investigating sex tourism, and 
have criticized Canada for seeming to prefer that 
the country in which the crime was alleged to have 
 
OTTAWA 00000151  013 OF 025 
 
 
taken place prosecute Canadian and other foreign sex 
tourists. 
 
¶4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS 
 
¶A. Witness protection is provided by both the 
nationwide federal government under the ?Witness 
Protection Program Act? (WPPA) as well as 
provincially-administered programs.  A human 
trafficking victim could be eligible to receive 
protection under either the federal or provincial 
programs to assist law enforcement and prosecution. 
 
The federal WPPA program under the RCMP provides the 
legal framework to protect persons who provide 
sensitive assistance to law enforcement agencies. 
While services offered to witnesses are decided on a 
case-by-case basis, protection can include 
relocation, accommodation, and change of identity, 
as well as counseling, training, and financial 
support to ensure the person?s safety and to 
facilitate their rehabilitation.   As of February 
2008, no victims of human trafficking have applied 
for protection under this program.  NGOs have argued 
that the government should improve communication 
with victims of human trafficking regarding witness 
protection programs. 
 
Victim services are the responsibility of 
provincial/territorial governments.  Each of the 
provinces and territories has set up victim services 
using court-based or police-based models.  The 
specific services vary but include provision of 
information, support and referral, counseling, court 
preparation, assistance in the completion of victim 
statements.  Some provinces provide specialized 
services for TIP victims, such as assistance under 
provincial family violence legislation, sexual 
assault/rape crisis centres, violence awareness 
programs for women, partner assault response 
programs, and targeted programs for women and 
children, child victims, and Aboriginal victims. 
See also Section 4 (B and D) for further information 
on protection of TIP victims. 
 
 
¶B. There are victim care facilities accessible to 
trafficking victims, including foreign victims.  The 
protection of victims of all crime, including 
trafficking, is a shared responsibility between the 
federal and provincial/territorial governments. 
Numerous programs and services are available to 
victims of crime, including trafficking victims, 
ranging from health care to emergency housing and 
social and legal assistance.  Each province and 
territory separately administers legal aid programs, 
with eligibility based primarily upon financial 
need.  Similarly, social services such as emergency 
financial assistance, including food allowances and 
housing, are administered at the provincial and 
territorial levels and available to those in need. 
 
NGOs and faith-based organizations have claimed that 
the majority of victims rely upon them for 
assistance such as shelter and food.  Some of these 
organizations receive government funding.  See 
Section 4 (C). 
 
Provinces and territories are primarily responsible 
for the administration and enforcement of laws 
related to children and youth, as well as the 
Qrelated to children and youth, as well as the 
provision of socio-legal services geared towards 
 
OTTAWA 00000151  014 OF 025 
 
 
children.  All provinces and territories have child 
protection laws and agencies responsible for 
assisting children in need, focused on the principle 
of protecting the best interest of the child.  Where 
a child is in need of protection, an array of 
services to meet the needs of the child comes into 
play. 
 
In October 2007, a Member of Parliament submitted a 
non-binding motion (M-217) to the House of Commons 
urging the government to establish safe houses under 
federal jurisdiction but run by NGOs to provide 
medical treatment and shelter for trafficking 
victims.  The motion included a stipulation that 
authorities provide female immigrants aged 15 to 21 
years old with the shelters' telephone numbers upon 
arrival in Canada.  The Commons did not debate the 
motion before the 39th Parliament came to an end 
before the October 2008 federal election. 
 
¶C. Trafficking victims have access to legal, 
medical, and psychological services.  The federal 
and provincial/territorial governments share 
responsibility for responding to the needs and 
concerns of TIP and other crime victims. The federal 
government?s role focuses on application of the 
Criminal Code and related criminal statutes.  The 
provinces and territories are primarily responsible 
for providing services and assistance to victims of 
crime.  All federal, provincial, and territorial 
Attorneys General in 2003 re-affirmed commitment to 
the Canadian Statement of Basic Principles of 
Justice for Victims of Crime. 
 
The federal government provides funding to foreign 
and domestic NGOs for services to TIP and other 
crime victims.  In 2000, the government established 
the Victims' Fund at the Department of Justice to 
encourage the development of new approaches to meet 
the needs of victims.  Community groups and NGOs may 
apply to the Victims' Fund to develop programs to 
fill gaps in the delivery of services to victims. 
The Policy Center for Victim Issues at the 
Department of Justice also provides victim support 
by commissioning research on victim-related issues, 
creating and disseminating fact sheets on victim 
issues, and consulting with NGOs and victims. 
 
In 2008, the government continued to support TIP and 
other crime victims through ongoing funding of C$5 
million (US$4.7 million) per year to support 
initiatives designed to increase victims' confidence 
in the criminal justice system, to raise awareness 
about the needs of crime victims, and to facilitate 
the provision of available services and assistance 
to victims and their families.  In 2007, the 
government allocated an additional C$52 million 
(US$49million) for use over four years on programs, 
services, and funding to support federal, 
provincial, and territorial efforts to meet the 
needs of TIP and other crime victims.  The mandate 
of the federal Ombudsman for Victims of Crime 
(established in April 2007) includes promoting 
access to federal governmental programs and services 
available to TIP and other crime victims, addressing 
complaints about compliance with the provisions for 
Qcomplaints about compliance with the provisions for 
TIP and other crime victims in the ?Corrections and 
Conditional Release Act,? and identifying issues 
that have a negative impact on victims.  The 
Ombudsman has identified the sexual abuse of 
children and the distribution of child sexual abuse 
images as priority issues. 
 
OTTAWA 00000151  015 OF 025 
 
 
 
As noted in Section 4 (D), foreign nationals who may 
be TIP victims can receive a Temporary Resident 
Permit (TRP).  Permit-holders have access to 
Canada?s Interim Federal Health Program (IFHP), 
ensuring that they receive the immediate medical 
attention required.  The IFHP covers essential and 
emergency health services for the treatment and 
prevention of serious medical conditions and the 
treatment of emergency dental conditions.  In the 
case of trafficking victims, trauma counselling is 
also included. 
 
DFAIT and CIDA provide technical assistance and 
foreign aid to support the prevention of 
trafficking, the prosecution of traffickers, and the 
protection of victims, including: 
 
-- CIDA, in partnership with Save the Children 
Canada, funds Fight against Child Trafficking in 
West Africa, which aims to eliminate the trafficking 
of children into forced labor and to support the 
rehabilitation of children who have been trafficked 
in West Africa.  The project ?Fight Against Child 
Trafficking In West Africa? also aims to reduce the 
vulnerability and exploitation of migrant children 
in the trans-boundary area between Mali and Burkina 
Faso, and along the borders of Guinea and Ivory 
Coast; 
-- CIDA supports the OSCE/ODIHR Anti-Trafficking 
Program European regional program to combat 
trafficking, which is working to coordinate and 
implement activities across the former Soviet Union 
and Southeast Europe; 
-- From 2004-2010, CIDA supports the Southeast Asia 
Regional Cooperation in Human Development (SEARCH) 
program, which works with the United Nations 
Interagency Program (UNIAP) to address trafficking 
in persons in the Greater Mekong Sub-region. 
 
¶D.  The government assists foreign trafficking 
victims.  Guidelines introduced in May 2006 allow 
immigration officers to issue short-term, fee- 
exempt, Temporary Resident Permits (TRPs) to victims 
of human trafficking. TRP holders have access to 
Canada's Interim Federal Health Program (IFHP), 
which covers essential and emergency health services 
for the treatment and prevention of serious medical 
conditions and the treatment of emergency dental 
conditions.  In the case of trafficking victims, 
trauma counseling is also included. 
 
In June 2007, Canada's Minister of Citizenship and 
Immigration extended the length of TRPs for victims 
of human trafficking from 120 days to 180 days. 
Victims are eligible to apply for a fee-exempt work 
permit.  Depending on the circumstances of 
individual cases, victims can seek renewal of their 
TRPs at the end of the 180-day period, and may be 
eligible for long-terms TRPs for up to three years. 
 
Trafficking victims are not required to testify 
against their trafficker to gain temporary or 
permanent immigration status.  Canada has undertaken 
efforts to encourage the participation of victims in 
supporting the prosecution of alleged offenders, 
including the provision of victim support and 
assistance and the use of testimonial aids. 
 
Persons who claim risk of persecution, torture, or 
QPersons who claim risk of persecution, torture, or 
cruel and unusual treatment or punishment upon 
return to their countries of nationality may make an 
 
OTTAWA 00000151  016 OF 025 
 
 
in-Canada refugee claim.  However, NGOs have 
expressed concern that victims of trafficking 
choosing to make an in-Canada refugee claim are not 
always identified as victims of human trafficking in 
Canada?s TIP statistics. 
 
In February 2009, a Canadian Senator introduced ?The 
Victims of Human Trafficking Protection Act? as a 
private member?s bill to codify as law the 
procedures for trafficking victims to receive 
temporary resident status.  The bill would amend 
IRPA to provide for the issuance of a victim 
protection permit authorizing a trafficking victim 
to remain in Canada as a temporary resident for 180 
days, or for three years in certain circumstances. 
The bill remains under consideration in the Senate. 
The Senate had previously debated two earlier 
versions of the same bill, without passage. 
 
¶E. The government provides longer-term shelter or 
housing benefits and other resources to victims, as 
noted in Section 4 (B).  Social programs such as 
health care, emergency housing, legal aid, and 
emergency financial assistance are primarily offered 
by provincial and territorial governments.  Canadian 
citizens and residents are entitled to apply for 
these services, but eligibility requirements for 
services based on financial need vary by 
jurisdiction.  None of these services is explicitly 
linked to whether an individual is a victim of 
crime. 
 
¶F.  The government has a referral process to help 
victims, as noted in Section 4(H).  Victim service 
delivery is the responsibility of provincial/ 
territorial governments.  Each of the provinces and 
territories has set up victim services to address 
the needs of victims using court-based and police- 
based models.  The specific services offered to 
victims, including those offered in shelters, may 
include: the provision of information; support and 
referral; counseling; court preparation; and 
assistance in the completion of victim statements. 
Services are available for all victims of crime, but 
some provinces provide specialized services, 
including assistance under provincial family 
violence legislation, sexual assault/rape crisis 
centers, violence awareness programs for women, 
partner assault response programs, and targeted 
services for women and children and aboriginal 
victims. 
 
¶G.   Under Canada?s federal system, there is no 
official mechanism for collecting statistics on 
identified TIP victims. However, as noted in Section 
3 (E), the CCJS collects information on TIP charges 
and their outcomes.  In addition, CIC collects data 
on the number of TRPs issued to TIP victims.  During 
the reporting period, 17 TRPs (some of which were 
re-authorizations) were issued to 15 foreign 
nationals as victims of trafficking.  As noted in 
Section 2(D), the federal government is conducting a 
study on the feasibility of establishing a national 
TIP statistics data collection framework. 
 
¶H. The government?s law enforcement, immigration, 
and social services personnel have a variety of 
system proactively to identify TIP victims, as 
Qsystem proactively to identify TIP victims, as 
described in Section 4 (F) 
 
CIC's guidelines to assess whether a foreign 
national may be a TIP victim include a checklist of 
 
OTTAWA 00000151  017 OF 025 
 
 
indicators to assist officers in distinguishing a 
possible TIP victim from a routine case of irregular 
migration.  When, in the judgment of an officer, an 
adequate number of indicators are present, the 
officer has the option of referring the possible TIP 
victim to CIC for consideration for a TRP.  The 
guidelines instruct both CIC and CBSA officers to 
take action to ensure the safety of the possible 
victim and to ensure that the possible victim is 
separated from the control and custody of any 
possible trafficker.  The officers also must 
coordinate with NGO and law enforcement partners to 
ensure the victim will go to a shelter or receive 
police protection, as appropriate.  The guidelines 
advise officers to proceed with extreme tact and 
sensitivity once a person is identified as a 
possible TIP victim.  The guidelines also include 
special provisions for dealing with child TIP 
victims. 
 
¶I. Canada respects the rights of TIP and other crime 
victims.  The ?Canadian Statement of Basic 
Principles of Justice for Victims of Crime? outlines 
the basic principles that guide the development of 
policy, programs, and legislation pertaining to all 
victims of crime in Canada.  As noted in Section 3 
(K), while prostitution is not illegal in Canada, 
many of the activities surrounding it are illegal. 
Also, as stated in Section 3 (F), law enforcement 
officers receive training on how to identify TIP 
victims and how to show sensitivity to their special 
needs. 
 
¶J. The government encourages but does not require 
victims to assist in the investigation or 
prosecution of alleged trafficking offenders. 
Canada's Criminal Code contains numerous provisions 
to facilitate a victim's/witness' participation in 
criminal proceedings.  In 2005, Canada expanded 
these provisions so that they are available to 
vulnerable adult victims and witnesses as well, 
including TIP victims.  The provisions include: 
 
Section 486.1 - (1) Authorizes the presence of a 
support person for a child witness or person with a 
mental or physical disability when that person 
testifies in any proceeding unless the support 
person's presence would interfere with the proper 
administration of justice.  (2) Authorizes the 
presence of a support person for all other witnesses 
where doing so would be necessary to obtain a full 
and candid account from the witness of the acts 
complained of.  In determining whether to permit a 
support person in this case, the judge/justice must 
take into consideration the age of the witness, 
whether the witness has a physical/mental 
disability, the nature of the offense, the nature of 
any relationship between the witness and the 
accused, and any other circumstances that the 
judge/justice considers relevant. 
 
Section 486.2 - (1) Authorizes giving of testimony 
outside of the court room (via closed/circuit 
television) or behind a screen or other device by a 
child witness or of a witness who has difficulty 
communicating evidence by reason of a mental of 
physical disability.  Such measures must not 
Qphysical disability.  Such measures must not 
interfere with the proper administration of justice. 
(2) Authorizes giving of testimony outside the court 
room (via closed/circuit television) or behind a 
screen or other device for all other witnesses if 
the judge/justice is of the opinion that it is 
 
OTTAWA 00000151  018 OF 025 
 
 
necessary to obtain a full and candid account from 
the witness of the alleged acts.  In determining 
whether to permit such measures, the judge/justice 
must take into consideration the age of the witness, 
whether the witness has a physical/mental 
disability, the nature of the offense, the nature of 
any relationship between the witness and the 
accused, and any other circumstances that the 
judge/justice considers relevant. 
 
Sections 714.1-714.4 authorize a witness to provide 
evidence by means of audio or video technology, 
where deemed appropriate by the court, from either 
within Canada or outside Canada. 
 
While the federal government does not keep 
statistics regarding the number of victims who 
participated in the investigation and prosecution of 
TIP offenses, available information indicates that, 
during the reporting period, at least some TIP 
victims assisted in investigations and prosecutions. 
 
A TIP or other crime victim is entitled to prepare a 
victim impact statement, which is a written 
statement made by the victim that describes the harm 
done to the victim and, more generally, the impact 
the crime has had on his/her life.  The court must 
take statement into account when considering the 
sentence of the guilty. 
 
Civil redress against perpetrators of crime is a 
matter of provincial/territorial responsibility in 
Canada.  The provinces and territories have enacted 
legislation in their respective jurisdictions that 
outline numerous rights for victims of crime, 
including, in most cases, the right to seek 
compensation. 
 
In addition, offenders sentenced for TIP offenses 
under the Criminal Code may receive a restitution 
order as part of their sentence.  A restitution 
order can cover:  the cost of damage to,  loss or 
destruction of the property of any person as a 
result of the commission of an offense;  all 
pecuniary damages, including loss of income or 
support, to any person who has suffered bodily harm 
as the result of the commission of an offense; and, 
the cost of all actual and reasonable expenses 
incurred by a member of the offender's household 
associated with a person having to move out of that 
household, such as for temporary housing, food, 
child care, and transportation.  Offenders may be 
required to pay an amount directly to the victim to 
cover monetary losses or damage to property caused 
by the crime. 
 
The WPPA provides a legal framework to protect 
persons who are involved in providing assistance to 
law enforcement in various matters.  Protection can 
include relocation, accommodation, and change of 
identity, as well as counseling and financial 
support necessary to ensure the security of 
witnesses and to facilitate their re-establishment 
and self-sufficiency.  The Source Witness Protection 
Program is housed within the RCMP. 
 
In June 2008, the Manitoba provincial legislative 
assembly passed legislation to establish a Witness 
Security Program to provide protection to witnesses 
who are assessed to be at risk of injury or death if 
Qwho are assessed to be at risk of injury or death if 
they testify in criminal cases.  Saskatchewan is 
currently in the process of enacting similar 
 
OTTAWA 00000151  019 OF 025 
 
 
legislation.  Quebec, Ontario, and British Columbia 
provinces have similar witness protection mechanisms 
in place. 
 
¶K. The government provides a variety of specialized 
training for government officials in identifying 
trafficking victims, as described in Section 3 (F). 
 
Canadian embassies, consulates, and other overseas 
missions fight against trafficking in persons 
through the development of relationships with NGOs 
and participation in international conferences.  The 
government has developed consular guidelines for 
Canadian diplomats on combating sexual exploitation 
of children by Canadians abroad.  These guidelines 
describe Canada?s law against child sex tourism and 
encourage referral of complaints to the local law 
enforcement/local Interpol office/RCMP liaison 
officer.  The Department of Foreign Affairs was 
unable to provide any specific examples of cases in 
which Canadian Embassies assisted trafficking 
victims during the reporting period, however. 
 
The RCMP has updated its TIP reference guide for 
Canadian law enforcement agencies to include 
additional information about the identification and 
protection of TIP victims and useful tips for 
interviewing victims.  The government will 
distribute the guides to law enforcement agencies 
throughout Canada. Training for law enforcement 
officers includes sensitization to the special needs 
of TIP victims prior to the execution of operations, 
such as a raid on a massage parlor where both 
victims and offenders may be on-site.  The RCMP has 
also developed step-by-step guidelines for 
international and domestic cases on how to treat 
victims once they are identified.  In conjunction 
with its federal partners, the RCMP prepared an 
anti-TIP training film on how to identify and 
protect victims.  The RCMP shows the film to NGOs 
and law enforcement groups.  The RCMP is currently 
developing a new awareness film that will include 
information about domestic trafficking cases and 
labor trafficking. 
 
¶L.  There is assistance for Canadians who might be 
repatriated as victims of trafficking.  Social 
programs such as universal health care, emergency 
housing, legal aid or emergency financial assistance 
are primarily administered at the 
provincial/territorial levels.  Canadian citizens 
are entitled to apply for these services, but the 
exact eligibility requirements based on financial 
need (such as legal aid or social assistance) vary 
from jurisdiction to jurisdiction.  Landed 
immigrants will generally have access to the same 
benefits as Canadian citizens, although eligibility 
for such benefits will depend on the jurisdiction. 
 
¶M. There are no international organizations or NGOs 
working with trafficking victims in Canada. 
 
However, DFAIT provides support to combat 
trafficking in persons internationally through a 
variety of funding sources, including a C$2.45 
million (US$2.31 million) annual contribution to the 
UN Office on Drugs and Crime (UNODC).  Other 
examples of DFAIT-funded anti-TIP projects during 
Qexamples of DFAIT-funded anti-TIP projects during 
the reporting period include: 
 
-- capacity-building in international cooperation in 
criminal matters : organization of a seminar on 
 
OTTAWA 00000151  020 OF 025 
 
 
International Legal Cooperation in the Caribbean and 
promotion of the use of the UN Convention against 
Transnational Organized Crime and its protocols as 
the legal basis for international cooperation; 
-- strengthening national and regional capacities in 
preventing and combating trafficking in persons in 
Central America:  support to governments, civil 
society, and the international community in the 
harmonization of legislation to comply with the 
requirements of the UN Convention against 
Transnational Organized Crime and its Protocols, in 
particular the Protocol to Prevent, Suppress, and 
Punish Trafficking in Persons, especially Women and 
Children; and, 
-- combating trafficking in persons in Colombia: 
assistance to Colombia on the development of a 
national strategy against trafficking in persons and 
to support the prevention, investigation, and 
prosecution of trafficking in persons. 
 
As noted in Section 4 (C), CIDA also funds a series 
of projects in West Africa, Southeast Asia, and 
countries from the former Soviet Union to promote 
collaboration with local authorities. 
Since 1996, the Department of Human Resources and 
Social Development has supported projects under the 
ILO's International Program for the Elimination of 
Child Labor to eliminate child slavery, debt 
bondage, serfdom, and other exploitative labor 
practices, most recently in the Caribbean and in 
Central and South America. 
 
¶5. (SBU) PREVENTION 
 
¶A. The government undertakes a broad range of 
trafficking in persons prevention and awareness 
measures.  In January 2008, the government provided 
new funding of C$6 million (US$5.7 million) to 
strengthen existing initiatives combating the sexual 
exploitation and trafficking of children.  A portion 
of this was for a partnership that the Minister of 
Public Safety announced in January 2009 with CCSA 
and the RCMP to use the Crime Stoppers? national 
hotline as a central point for reporting suspected 
cases of human trafficking. 
 
Through the Status of Women agency and its two funds 
-- the Women's Community Fund and the Women's 
Partnership Fund -- Canada supports community and 
collaborative projects to advance the equality of 
women, with violence against women one of the two 
priority issues. 
 
The RCMP continues to work to raise awareness, both 
within the law enforcement community and the general 
public.  In 2008, the RCMP conducted awareness 
sessions for approximately 4,000 members of civil 
society across Canada.  The RCMP also works to raise 
awareness in the law enforcement community with 
several TIP tools, including a reference guide, 
awareness cards, posters, and a TIP film.  These 
awareness tools are part of law enforcement tool 
kits that hundreds of law enforcement officials 
received in 2008. 
 
CIC, in collaboration with the Department of Human 
Resources and Social Development, distributes 
information to temporary foreign workers informing 
them where they can seek assistance on issues 
related to employment as well as health and safety 
Qrelated to employment as well as health and safety 
standards.  Live-in caregivers and their employers 
receive information from a CIC publication, "The 
 
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Live-In Caregiver Program."   The publication 
contains a sample contract, contact information for 
provincial/territorial labor standards officers, and 
live-in caregiver associations.  The Canadian visa 
office in Manila funds in-person group orientation 
sessions further to prepare live-in caregivers for 
work in Canada. 
 
Regarding projects that target vulnerable or 
potential trafficked victims, the National Crime 
Prevention Center supports trafficking prevention 
programs from a policy perspective.  It funded the 
development of a practical assessment tool, called 
"Guidance on Local Safety Audits: A Compendium of 
International Practice," which identified the means 
to gather a clear picture of crime and victimization 
in a given city, specified key populations and 
issues that should be examined, and outlined sources 
for information.  The Center has also funded 
preventive actions for populations most vulnerable 
to trafficking, such as street youth, sexually 
exploited children and youth, youth involved with 
drugs, and women involved in the sex trade.  The 
Center has also established aboriginal specific 
initiatives.  See Section 4 (M) for additional 
information on Canada's international technical 
assistance projects that include prevention and 
awareness-raising. 
 
¶B.  The government monitors immigration and 
emigration patterns for evidence of trafficking, and 
law enforcement agencies screen for potential 
trafficking victims along borders. 
 
Joint U.S.-Canadian Integrated Border Enforcement 
Teams (IBETs) enhance border integrity and security 
along the U.S.-Canada border by identifying, 
investigating, and interdicting persons and 
organizations that pose a threat to national 
security or are engaged in other border-related 
criminal activity.  There are 15 IBET regions with 
24 locations along the border.  IBET's core agencies 
include the RCMP and CBSA on the Canadian side, and 
CBP, ICE, and the U.S. Coast Guard on the USG side. 
In addition to these five core agencies, there are 
federal, provincial, state, and municipal agencies 
within IBET. 
 
Integrated Border Intelligence Teams (IBITs) support 
IBETs and partner agencies by collecting, analyzing, 
and disseminating tactical, investigative, and 
strategic intelligence information pertaining to 
cross border crime between the U.S. and Canada. 
They share this intelligence with participating 
agencies to target international/national/criminal 
organizations. 
 
The Criminal Visa Screening Unit at the RCMP gathers 
intelligence on potential travelers to Canada from 
foreign countries for the purpose of targeting 
organized crime.  It is currently expanding 
specifically to focus on trafficking in persons. 
The enhanced criminal screening process along with 
location visits and on-site interviews in Canada by 
RCMP and CBSA determine the validity of travel 
requests, the accuracy of information presented by 
visitors, and potential organized crime links. 
 
CBSA monitors irregular migration to Canada and 
QCBSA monitors irregular migration to Canada and 
publishes regular intelligence analyses, which 
identify trends and patterns in irregular migration 
and migration-related crime, including trafficking 
 
OTTAWA 00000151  022 OF 025 
 
 
in persons.  In addition, CBSA performs a number of 
functions to prevent trafficking of persons into 
Canada to deter trafficking organizations from using 
Canada as a destination country or a transit 
country, and to investigate and support the 
prosecution of trafficking offenders, including: 
 -- Migration Integrity Officers (MIOs) work with 
airline security and local authorities in 45 
countries to prevent irregular migration, including 
migrant smuggling, by interdicting individuals 
before they arrive in Canada; 
-- MIOs provide advice to airlines on persons who 
may be attempting to travel without proper 
documentation, and assist visa officers in combating 
visa fraud; 
-- MIOs work with international law enforcement 
partners to detect trends and patterns in irregular 
migration and collect and report intelligence 
information on irregular migration, organized 
migration crime rings, and the routes and methods 
they use; 
 -- visa officers posted abroad by CIC are also 
trained to be vigilant in identifying possible TIP 
victims when examining both permanent and temporary 
applications submitted abroad; 
-- CBSA maintains Border Services Officers at 245 
Ports of Entry, who examine foreign nationals 
seeking entry to Canada to ensure they have genuine, 
properly-obtained travel documents, and are entering 
Canada for a genuine and lawful purpose; 
 -- enforcement officers receive training to 
identify possible TIP victims in order to refer them 
to CIC officials. 
 
Canadian immigration visa officers and MIOs at 
Canadian missions abroad collaborate on anti-fraud 
activities overseas to ensure the integrity of the 
Canadian managed migration program.  Canada also 
cooperates with national police, as well as the 
migration and law enforcement officers of various 
embassies, to identify, investigate, and shut down 
criminal organizations involved in document forgery 
and trafficking in persons.  Canadian immigration 
officers also provide technical assistance to 
support collaborative efforts with other countries 
on trafficking. 
 
During the rating period, the government introduced 
a proposed "Act to Amend the Immigration and Refugee 
Protection Act" that would allow immigration 
officers, on the instructions of the Minister of 
Citizenship, Immigration, and Multiculturalism, to 
use their discretion to refuse to issue work permits 
in situations where individuals might be subjected 
to humiliating or degrading treatment, including 
sexual exploitation.  The bill lapsed upon the 
dissolution of Parliament before the October 2008 
federal election, and the government has not yet re- 
introduced it in the new Parliament. 
 
¶C. There is a mechanism for coordination and 
communications among agencies on trafficking-related 
matters, the IWGTIP, as described in Section 2 (B). 
Canada fully recognizes the importance of 
collaboration with domestic partners, including the 
provinces and territories, as well as members of 
civil society, more effectively to combat 
trafficking in persons.  The RCMP delivered 
Qtrafficking in persons.  The RCMP delivered 
presentations on raising awareness of trafficking in 
persons to civil society and the general public. 
 
Provincial and territorial governments also work 
 
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with NGOs to fight trafficking in persons.  In 2007, 
British Columbia's provincial Ministry of Public 
Safety and its Solicitor General launched Canada?s 
first provincial Office to Combat Human Trafficking 
(OCTIP) to identify gaps and barriers to providing 
services to trafficked persons, and, in partnerships 
with key stakeholders, to develop a comprehensive 
protocol.  In November 2008, the BC OCTIP held its 
first-ever conference bringing together law 
enforcement, NGOs, academics, government, and 
political representatives.  Representatives from 
U.S. Consulate Vancouver, including the ICE attache, 
participated.  With NGOs predicting an increase in 
human trafficking for the Vancouver 2010 Winter 
Olympic Games, the BC OCTIP intends to play an 
important role in combating trafficking in the 
province. 
 
¶D. Canada does not have a formal national action 
plan.  In its efforts to combat trafficking, 
however, Canada focuses on a framework around what 
it calls the four "Ps:" prevention, protection of 
victims, prosecution of offenders, and through 
partnerships. 
 
¶E. Canada has undertaken several strategies to 
combat trafficking in persons by addressing demand. 
Notably, Canada's criminal laws against trafficking, 
prostitution, assault, sexual assault, and forcible 
confinement help dissuade persons from engaging in 
conduct that fuel the demand for exploitative labor 
or services.  In addition, Canada's trafficking 
offenses address not only the trafficking of 
persons, but also those who receive a financial or 
other material benefit from the commission of a 
trafficking offense.  Canada's sex tourism offenses 
allow for the prosecution of those Canadian citizens 
or permanent residents who travel abroad to engage 
in prohibited sexual activity with children. 
 
Canada also addresses demand by supporting programs 
that raise awareness and train law enforcement 
officials to identify victims and prosecute 
offenders.  Canada supports prevention awareness and 
research to address demand.  See Sections 3 (M) and 
5 (F) for examples of efforts to prevent the demand 
for child sex tourism. 
 
The government has continued to provide financial 
support for the Canadian Center for Child 
Protection, a national charitable organization, in 
order to pursue more leads from the public about the 
suspected on-line exploitation of children, to raise 
public awareness better to protect children, and to 
develop educational materials on issues related to 
child sexual exploitation.  The Center also runs 
Cybertip.ca, Canada's tip line for reporting on-line 
child sexual exploitation, and "Kids in the Know," a 
comprehensive personal safety and sexual 
exploitation prevention program. 
 
¶F. Canada is adamantly opposed to participation in 
international child sex tourism by its nationals and 
has undertaken a variety of measures to reduce it. 
See Section 3 (M) for how Canada's criminal laws 
address child sex tourism. 
 
The RCMP is the international contact point for 
investigation and assignment of files involving 
Qinvestigation and assignment of files involving 
Canadian suspects and victims of Internet- 
facilitated child sexual exploitation. The RCMP's 
National Child Exploitation Coordination Center 
 
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receives information through national and 
international partnerships, Interpol, and domestic 
law enforcement. Individuals engaged in sex tourism 
are included in this information due to their use of 
the Internet in organizing and communicating travel 
activities as well as posting/distributing sex abuse 
images.  The Center coordinates intelligence and 
provides investigations support and expertise to 
enable Canadian law enforcement to investigate these 
offenses. 
 
DFAIT's tourist publication, "Bon Voyage, But..." 
advises Canadian travelers of the Canadian child sex 
tourism offense and warns that child sexual 
exploitation may also be prohibited in the 
destination country.  DFAIT provides related 
information in its Country Reports for travelers to 
consult prior to departure.  The government has 
developed an awareness-raising poster 
(www.voyage.gc.ca/main/pubs/child ensure-en.asp). 
See Section 4 (K) for guidelines for consular 
officers posted abroad. 
 
The government's funding for the Canadian Center for 
Child Protection also addresses child sex tourism, 
as many child sex tourists exchange information and 
locate victims via the Internet.  See Section 5 (E). 
Cybertip.ca is one way the Center is fighting on- 
line child exploitation, which is often connected to 
child sex tourism. 
 
NGOs and outside experts have suggested that Canada 
could additionally help to curb child sex tourism 
and to increase prosecutions by requiring child sex 
offenders listed on the National Sex Offender 
Registry to receive permission to leave the country, 
and/or by restricting passports of child sex 
offenders who are deemed to be a risk to children 
abroad. Currently, child sex offenders are not 
required to report their absence from Canada unless 
they will be abroad for more than fourteen days.  In 
November 2007, a Member of Parliament introduced a 
non-binding motion in the House of Commons to allow 
the Foreign Minister, at the request of a competent 
authority, to refuse to issue a passport to, or 
cancel a passport of, a person suspected to pose a 
danger to a child.  The Commons did not debate the 
motion before the dissolution of Parliament in 
advance of the October 2008 federal election. 
 
In January 2009, a Member of Parliament introduced 
private member?s bill -- ?An Act to amend the 
Criminal Code (minimum sentence for offences 
involving trafficking of persons under the age of 
eighteen years)? -- that would amend the Criminal 
Code to include a mandatory minimum sentence of five 
years for cases where the trafficked victims were 
under the age of eighteen.  The bill remains under 
consideration in the House of Commons. 
 
¶G. See Section 3 (L) for measures adopted to ensure 
that Canadian nationals deployed abroad do not 
engage in human trafficking or exploitation.  The 
Canadian military justice system has jurisdiction 
over disciplinary issues involving members of the 
Canadian Forces who are participating in operations 
outside of Canada, whether under as part of a UN or 
Qoutside of Canada, whether under as part of a UN or 
other multilateral mission.  Disciplinary action can 
also be taken under the Code of Service Discipline 
to address an alleged act of omission committed by 
someone while outside Canada when that act or 
omission is an offense under the law in the place 
 
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where it occurs.  The Department of National Defence 
remains committed to comprehensive implementation of 
the NATO Policy on Combating Trafficking in Human 
Beings, and has made concerted efforts to ensure the 
provision of all necessary knowledge, values, and 
skills to all members of the Canadian Forces, as 
well as to civilian contractors on international 
missions. 
 
See Section 4 (M) for a summary of a recent project 
Canada supported to provide anti-trafficking 
training to peacekeepers in the Americas. 
 
¶6. (SBU) TIP Hero ? Professor Benjamin Perrin 
 
Benjamin Perrin, founder of the NGO ?Future Group? 
and widely recognized as one of Canada?s leading TIP 
activists, has been instrumental in raising 
awareness of human trafficking in Canada.  The 
Future Group?s report on the 2010 Vancouver Olympic 
Games prompted greater attention to the risk of 
trafficking, and called for greater federal- 
provincial cooperation to disrupt trafficking 
networks, prosecute traffickers, and protect 
trafficking victims.  Perrin has advocated the 
adoption of a Canadian national action plan to 
combat human trafficking, and has pushed for 
stronger enforcement and more effective victim 
services.  Perrin has several ongoing research 
projects that will provide Canada?s first 
comprehensive account of human trafficking and 
propose concrete policy recommendations.  An 
assistant professor at the University of British 
Columbia?s (UBC) Faculty of Law, and chairman of the 
UBC Human Trafficking working group, Perrin used 
documents identified by the ?Access to Information 
Act? to identify 31 cases of TIP flagged by 
immigration officials between 2006 and 2008, which 
helped bring about greater public knowledge of 
source countries for trafficking to Canada. 
Perrin?s research further revealed that these cases 
likely only represented a small number of the actual 
number of victims.  Perrin?s investigative work has 
increased Canada?s understanding of the role of 
different agencies in referring trafficking victims 
for TRPs.  A member of the Law Society of Upper 
Canada and Canadian Bar Association, Perrin served 
in 2006 as senior policy advisor to the Minister of 
Citizenship and Immigration.  He has testified 
before the House of Commons on trafficking issues, 
and has been recognized with the Queen?s Golden 
Jubilee  Medal by the Governor General and as one of 
the ?best and brightest? by ?Maclean?s? magazine. 
Perrin has been vetted through Post databases and 
has no apparent visa ineligibilities or derogatory 
information. 
 
¶7. (U) Point of contact is Poloff Alexander Schrank 
(SchrankAD@state.gov, phone: 613-688-5240, fax: 613- 
688-3098). 
 
 Estimated time spent on report: 
 
Political Minister Counselor (FE-OC): 4 hours 
Deputy Political Counselor: 2 hours 
Political Officer (FS-03): 75 hours 
Political Assistant (FSN-11): 8 hours 
Political OMS (FS-06): 1 hour 
Consulates: 10 hours 
Total:  100 hours 
 
BREESE